In Re Arzberger

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the examiner rejecting the single claim of appellant’s application for a plant patent under the provisions of section 4886, Re vised Statutes as amended, 35 U.S.C.A. § 31.

The grounds of rejection, as. stated by the examiner, were: “The claim on appeal is rejected on two grounds: Firstly, that

the subject matter of this claim is not within the plant patent provision of R.S. •4886 (U.S.C. title 35, section 31, 35 U.S.C. A. § 31), above quoted; and…